Accidents on the road aren’t always the result of reckless speeding or drunk driving. Often, they’re caused by a simple lapse in concentration. But what counts as “careless driving” in the eyes of the law? And how might it affect your chances of claiming compensation if you’ve been injured?

In this guide, we’ll walk you through everything you need to know, from the legal definitions to the practical steps you can take after an accident.

What is considered careless driving?

The law defines careless driving as “driving without due care and attention.” This is detailed as one of the most common Road Traffic Act 1988 driving offences in the UK. Common examples of carelessness behind the wheel are:

  • Failing to indicate when turning
  • Missing red and amber lights
  • Bumping the curb
  • Tailgating
  • Motorway lane misuse

While the above examples present risks to other drivers, they are not classed as dangerous driving — where your driving habits are so poor that you become a danger to others on the road.

For dangerous driving, UK law says this includes drink or drug driving, driving at high speeds above the limit or purposefully running red lights.

Is careless driving a criminal offence?

Careless driving is a criminal offence in the UK. The penalties for driving carelessly will vary depending on how careless you were being when you broke the law. These penalties include:

  • Fines of up to £5,000
  • 3 – 9 points on your licence
  • A potential driving ban

In cases of dangerous driving, the legal consequences become far more severe, with the risk of higher penalties and even imprisonment if your car accident negligence resulted in a major injury or fatality.

If you were the one injured because of careless or dangerous driving, a conviction could support a personal injury compensation claim, as it serves as evidence of negligence on the part of the driver.

What types of accidents are caused by careless driving?

Careless driving can have dangerous consequences, causing accidents like:

  • Collisions — If you fail to give way or run a red light, you might collide with another driver, a motorcyclist, cyclist or even pedestrian.
  • Rear-endings — If you aren’t concentrating, you might bump into the back of the car in front of you, this could cause injuries like trauma or whiplash.
  • Property damage — Careless driving might lead to mounting the curb or bumping into fences, which could end up in an insurance claim against you.

These incidents highlight how momentary lapses in judgement or concentration can have significant consequences.​

Can I claim compensation if I’ve been injured by a careless driver?

If you have been injured because of someone’s reckless driving, you might be owed compensation. To start a claim, you’ll have to determine:

  • Duty of care —  All road users have a duty of care over one another, as stated in the Highway Code. 
  • Breach of duty — If the driver who injured you was acting carelessly and you can prove this, they will have breached their duty of care over you.
  • Causation — You must then prove that their breach of duty caused your injury. This might be them running a red light and causing your crash, etc.

The best way to determine the above is to gather some evidence, including:

  • Police reports — If the police got involved in your accident, ask for a copy of their report – this will provide a factual account of what happened.
  • Witness statements — Accounts by members of the public can corroborate your version of events.
  • Dashcam or CCTV footage — Video evidence provides an objective view of the accident.
  • Medical records — When you seek medical attention after your accident, remember to ask your doctor for their report.

What should I do after the accident?

A road traffic accident can be very stressful for all involved. Remember to stay calm and put your health and safety before anything else. Once you are safe, follow these steps:

  • See a doctor — Visit A&E or your GP to confirm your injuries.
  • Report the accident — Speak to the police to file a report.
  • Gather evidence — Take pictures of the scene, get witness statements and more.
  • Involve insurance — Inform your insurance company about the accident as soon as possible.
  • Get in touch — Our experts at Express Solicitors can help you make a claim.

How Express Solicitors can help

Looking for car accident compensation? UK road law can be overwhelming at first, but with help from experts like Express Solicitors, you can be on your way to a claim in no time. We have decades of experience with road traffic accident claims, covering many cases that feature careless driving, cyclists and pedestrians.

What’s more, our no-win, no-fee model means you can start your claim without fear of mounting legal costs — you’ll only pay us if your case is successful. Ready to make your claim? Get in touch today.